Prior to the commencement of the business of the Committee, the Chairman read the following statement:

'May I inform everyone present that this particular meeting will not be broadcast live via the internet, but will be recorded for training purposes and the record may be archived for future viewing if considered appropriate by the Monitoring Officer.'

RESOLVED – T H A T the minutes of the meeting held on 23rd October, 2014 be approved as a correct record.

624 DECLARATIONS OF INTEREST –

The following declared an interest and vacated the room whilst the particular application was under consideration:

Councillor A. Parker

Agenda Item No. 10 - 2014/00268/FUL - Architect

Mr. G. Davies, Senior Lawyer

Agenda Item No. 10 - 2014/00268/FUL - Knows the applicant

625 ANNUAL REPORT – SECTION 106 LEGAL AGREEMENTS 2013-2014 (REF) –

The above matter had been considered by the Cabinet at its meeting on 3rd November 2014 and subsequently referred on to the Planning Committee for information purposes.

The report in itself set out information in respect of the 12 months between April 2013 and March 2014 which showed a total of 22 planning permissions which had been issued and which were subject to Section 106 Legal Agreement, details of which were set out in Appendix A in the attached Cabinet report.

The value of the financial contributions in the Legal Agreements totalled £5,431,630.24. The Council’s Section 106 Agreement account as at 31st March 2014 held £2,238,408.41. In addition £173,179.75 was held for ongoing maintenance costs.

During the period of April 2013 and March 2014 the Council received financial contributions totalling £632,818.64.

Areas of spend between April 2013 and March 2014 were set out in Appendix B to the Cabinet report and also indicated that a number of schemes had been delivered in that financial year by the Council with enhancements to walking and cycling, provision of public art, open space enhancements and children’s play areas. A number of Sustainable Transport contributions held on account had been 'top slices' by 25% in order to assist in funding public transport services and the Green Links community bus service for the 2014/15 financial year. For 2013/14, the sum amounted to £144,122.66.

The report also indicated that a number of schemes had also been progressed during 2013/14 financial year, but yet had to be completed. One of these proposals had commenced in 2013/14 and would be concluded in 2014/15 was the Central Barry Public Open Space Areas project, which would see investment in a range of park areas within Central Barry.

Having regard to the report, it was

RESOLVED – T H A T progress made on Section 106 matters between April 2013 and March 2014 be noted.

Reason for decision

In acknowledgement of progress made in regard to the utilisation of Section 106 agreements between April 2013 and March 2014.

626 SITE INSPECTIONS (MD) –

RESOLVED – T H A T the attendance of the following Councillors at the sites indicated below on 23rd October, 2014 be noted:

Works to roof increasing ridge height and rear dormer to provide first floor accommodation.

2014/00985/ADV

A

Pump House, Hood Road, Barry

2 composite aluminium panels.

2014/00987/FUL

A

Huckleberry, Sutton Lane, Ogmore By Sea

Alteration and extension of existing dwelling.

2014/00990/FUL

A

Plemont, Cross Common Road, Dinas Powys

Car Port, Single storey rear and loft conversion extension.

2014/00992/FUL

A

Plot Next to 55, Lakin Drive, Barry

Construction of new dwelling.

2014/00999/FUL

A

12, Primrose Close, Cowbridge

Demolition of existing rear elevation conservatory and erection of a single storey rear elevation extension.

2014/01009/FUL

A

10, Heol Y Frenhines, Dinas Powys

Proposed demolition of existing garage to be replaced with single storey rear extension to the dwelling to full width of the site.

2014/01042/FUL

A

Swn Y Coed, Corntown

Proposed single storey extensions.

2014/01045/FUL

A

10, Westward Rise, Barry

Rear orangery extension with pitched lantern style glazed rooflight.

2014/01082/NMA

A

Treguff Farm, St Marys Church, Cowbridge

Installation and operation of a solar farm.

2014/01096/PND

F

ITV Wales, The Television Centre, Culverhouse Cross, Cardiff

Proposed demolition.

2014/01103/NMA

A

Land adjacent to Sutton Mawr Farm, Barry

Solar Farm.

2014/00255/CAC

A

North Road, Cowbridge

Demolish the existing 1.5m high stone boundary wall that fronts onto North Road to allow for a new residential development, which is part of the application 2013/01247/FUL to construct five new dwellings.

2014/00483/FUL

A

Rear of 20, High Street, Cowbridge

Conversion of building to office use and extensions to building to provide covered external access stair to existing stone built property.

2014/00485/FUL

A

26, Hickman Road, Penarth

The change of use of the upper floors of the existing building from Commercial/ Financial Services to Residential accommodation (2 bedroom maisonette) together with extensions to the existing building and a first floor level decking.

2014/00770/FUL

A

4, The Crescent, Pontypridd Road, Barry

Demolish existing garage and construct new detached garage on footprint.

2014/00775/LBC

A

Rear of No. 20, High Street, Cowbridge

Proposed covered external access stair to existing stone built property which is situated within the rear curtilage.

2014/00805/FUL

A

Land south of Llwyn On Cottage, Trerhyngyll

Retention of Restoration and Extension of Barn to Provide Stables.

2014/00834/RES

A

West Pond, Land at Barry Waterfront, Barry

Re-plan of 78 No. plots (1-15, 45-60 and 65-111) and provision of an additional plot (112) as previously permitted under applications 2009/00946/OUT and 2012/00732/EAR.

2014/00969/FUL

A

New Brynsion Hall, Court Road, Barry

Proposed change of use of the chapel hall and adjacent community hall extension into office accommodation.

The change of use of Bay 5, Barry Island Promenade, from sui-generis to a mixed A1/A3 coffee shop, with associated works including layout changes to the building, and works to align the external appearance of the building to a coffee shop function.

2014/01005/LAW

A

33, Tair Onen, Cowbridge

Detached domestic garage to existing dwelling.

2014/01016/FUL

A

8, Cog Road, Sully

Erection of a single storey orangery extension to the back of a single occupancy residential property in place of an existing conservatory extension.

2014/01021/LBC

A

The Parish Hall, Britway Road, Dinas Powys

Renewal of dilapidated roof covering over rear stage to include the removal of existing roof lights.

2014/01023/FUL

A

6, Badgers Brook Close, Ystradowen

Proposed extension to provide a ground floor bedroom.

2014/01026/FUL

A

11, Oakfield Road, Barry

Demolition of side/rear garage to accommodate new single storey side extension, protruding into space of existing garage. Car port to be incorporated as part of the side extension.

2014/01029/RG3

A

Penarth Leisure Centre, Cogan, Penarth

Demolition to floor level and reconstruction of Health Suite.

2014/01030/FUL

A

Foresters House, Leckwith

Ground and first floor extensions.

2014/01034/LAW

A

7, Pleasant View, Barry

Addition of a small side extension to an existing detached bungalow to house an en suite and storage.

2014/01098/NMA

A

3, Llwyn Passat, Portway Marina, Penarth

Proposed balcony to front elevation.

2014/01132/NMA

A

Land South of the Railway Line, Trem Echni, Rhoose

Removal of Condition nos. 3, 4 and 5 of 2012/00937/FUL.

2014/00394/FUL

A

42, Clive Place, Penarth

Proposed demolition of existing single and two storey rear annexes and rebuilding of 2 storey extension to rear of property, plus carport and bin store , plus demolition and rebuild of front elevation.

2014/00395/CAC

A

42, Clive Place, Penarth

Proposed demolition of existing single and two storey rear annexes in relation to rebuilding of 2 storey extension to rear of property, plus carport and bin store. Also demolition and rebuilding of front and part of side elevation.

2014/00633/FUL

A

Llanerch Vineyard, Hensol

Proposed retention of wine store and ancillary side marquee to main farmhouse.

2014/00697/FUL

A

Land immediately south of Gwern Y Steeple

Proposed stable block including new vehicular site access.

2014/00754/FUL

R

2, Eastbrook Close, Dinas Powys

Two storey side extension and single storey rear extension.

2014/00791/FUL

A

Brynheulog, St. Andrews Road, Wenvoe

Proposed stables.

2014/00920/FUL

A

The Pumphouse, Hood Road, Barry

Change of use and conversion of former pump house to create restaurant, cafe bar and bistro (A3), live / work units (C3), fitness club (D2)/ health salon (sui generis), car parking, access and servicing arrangements, public realm improvements and associated works.

2014/00926/LBC

A

The Pumphouse, Hood Road, Barry

Change of use and conversion of former pump house to create restaurant, cafe bar and bistro (A3), live / work units (C3), fitness club (D2)/ health salon (sui generis), car parking, access and servicing arrangements, public realm improvements and associated works.

Change of use for flats 1 and 2 from residential flats to community charity and office space. There will be no structural changes to the properties.

2014/00974/LBC

A

Penarth Pier Pavilion, The Esplanade, Penarth

The removal of a one storey spiral staircase in the cafe of The Pavilion and associated works.

2014/01003/NMA

A

Former Emporium Garden Centre, Fferm Goch, Llangan

Condition 13 2012/00862/OUT is to be removed in line with Welsh Government legislation changes that have removed the requirement of Code for Sustainable Homes.

2014/01011/FUL

A

1, Rogersmoor Close, Penarth

Proposed works to include the demolition of garage frontage to the left hand side of the property when facing from front. Single storey porch extension to the front of the property. Proposed dormers to the front and rear of the property. 4 no. Velux windows to front of the property. Pyramid rooflight to the rear flat roof and new bi-folding sliding doors.

2014/01012/FUL

A

Former Lloyds, 208, Holton Road, Barry

Conversion of existing shop with two flats over into five flats.

2014/01025/FUL

A

Barn B, Sheepcourt Farm, Bonvilston

Proposed extension and detached garage.

2014/01031/FUL

R

Land adjacent to 3, Ty Uchaf, Penarth

Construction of garages with one bedroom flat above.

2014/01032/OUT

A

Wilcot, Higher End, St. Athan

Proposed dwelling on infill plot.

2014/01035/FUL

A

Rose Cottage, Westra, Dinas Powys

Change of use of existing detached studio/store to create one bedroom holiday let.

RESOLVED – T H A T, subject to the interested person(s) first entering into a Section 106 Legal Agreement to include the following necessary planning obligations:

A contribution of £2,280 towards improvements to off-site public open space.

The Legal Agreement will include the standard clause requiring the payment of a fee to monitor and implement the Legal Agreement (£150 in this case).

APPROVED subject to the following condition(s);

1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason:

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. This consent shall relate to the plans and documents received on 11th March 2014 other than where amended by plans received on 14th July 2014:-

- Site edged red/blue location plan;

- Dwrg. No. 505/P/70A, Existing Site Layout;

- Dwrg. No. 505/P/72A, Proposed Ground Floor;

- Dwrg. No. 505/P/73A, Proposed First Floor & Elevations 04, 05;

- Dwrg. No. 505/P/74A, Proposed Elevations 01 & 03; and

- Dwrg. No. 505/P/75A, Proposed Elevations 02 & 06,

and Dwrg. No. 505/P/80, Landscaping layout received on 18th September 2014.;

Reason:

For the avoidance of doubt as to the approved plans, and in the interests of the character and appearance of this part of the Penarth Conservation Area, residential amenity and highway safety in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

3. Prior to their use in the construction of the development hereby approved, a schedule of the proposed materials to be used, including samples, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason:

In the interests of visual amenity and the character and appearance of this part of the Penarth Conservation Area in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order with or without modification) the car port hereby permitted shall be retained as an open structure, with no doors, for the parking of private motor vehicles in association with the use of the dwellinghouse hereby permitted, and for no other purpose, including any other domestic purpose, without the prior written consent of the Local Planning Authority. The car port shall be made available for use before the first beneficial occupation of the dwelling hereby permitted.

Reason:

To ensure adequate on-site car parking is provide to serve the dwelling, which does not prejudice access to the remainder of the wider car park, in the interests of highway safety in accordance with Policies HOUS8-Residential Development Criteria, ENV27-Design of New Developments and TRAN10-Parking of the Unitary Development Plan.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order with or without modification) the dwelling hereby approved shall not be extended or altered in any way without the prior written consent of the Local Planning Authority.

Reason:

In the interests of the character and appearance of this part of the Penarth Conservation Area and residential amenity in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

6. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order) no building, structure or enclosure required for a purpose incidental to the enjoyment of a dwelling-house shall be constructed, erected, or placed within the curtilage of the dwelling hereby approved without the prior written consent of the Local Planning Authority.

Reason:

In the interests of the character and appearance of this part of the Penarth Conservation Area and residential amenity in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013, or any Order revoking or re-enacting that Order, no additional windows (including rooflights) other than those expressly authorised by this permission shall be inserted in the any elevation of the development hereby permitted without the prior written consent of the Local Planning Authority.

Reason:

To safeguard the privacy of adjoining occupiers in accordance with Policies HOUS8-Residential Development Criteria and ENV27-Design of New Development of the Unitary Development Plan.

8. Notwithstanding the submitted plans before the commencement of development further details of the finished levels of the site in relation to existing ground levels and finished ground levels, including cross sections, shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

Reason:

In the interests of the character and appearance of this part of the Penarth Conservation Area and residential amenity in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

9. The areas of planting and garden as indicated on drawing 505/P/80 shall be laid out in accordance with the approved plans in accordance with the timescale defined in Condition 10 below and shall thereafter be so retained as garden at all times to serve the dwelling as hereby approved.

Reason:

In the interests of visual amenity and the character and appearance of this part of the Penarth Conservation Area and to ensure amenity space is provided to serve the dwelling as approved in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

10. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:

To ensure satisfactory maintenance of the landscaped area in the interests of visual amenity and the character and appearance of this part of the Penarth Conservation Area in accordance with Policies HOUS8-Residential Development Criteria, ENV11-Protection of Landscape Features, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

11. Notwithstanding the submitted plans all means of enclosure associated with the development hereby approved, including any retaining works, shall be in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority prior to their installation on site, and the means of enclosure shall be implemented in accordance with the approved details prior to the first beneficial occupation of the dwelling hereby permitted.

Reason:

In the interests of the character and appearance of this part of the Penarth Conservation Area and residential amenity in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

12. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 and the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Orders revoking or re-enacting those Orders), no gates, fences, walls or other means of enclosure, other than those approved under Condition 11 of this consent shall be erected, constructed or placed on the application site without the prior written consent of the Local Planning Authority.

Reason:

In the interests of the character and appearance of this part of the Penarth Conservation Area and residential amenity in accordance with Policies HOUS8-Residential Development Criteria, ENV20-Development in Conservation Areas and ENV27-Design of New Developments of the Unitary Development Plan.

13. Foul water and surface water discharges shall be drained separately from the site, and no surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) into the public sewerage system at any time.

Reason:

To protect the integrity, and prevent hydraulic overloading, of the Public Sewerage System, and to ensure compliance with the terms of Policies HOUS8-Residential Development Criteria and ENV27-Design of New Developments of the Unitary Development Plan.

14. Details of the shed indicated on drawing 505/P/80 shall be submitted to and approved in writing prior to its erection on site and the development shall thereafter be carried out in accordance with the approved plans.

Reason:

In the interests of visual amenity in the Conservation Area and to meet the requirements of Policies ENV20 and ENV27 of the Unitary Development Plan.

1. Approval of the scale, appearance and landscaping of the development (hereinafter called `the reserved matters`) shall be submitted to and approved by the Local Planning Authority before any development is commenced.

Reason:

To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

2. Application for approval of the reserved matters hereinbefore referred to must be made not later than the expiration of three years beginning with the date of this permission.

Reason:

To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

3. The development to which this permission relates must be begun not later than whichever is the later of the following dates:

(a) The expiration of five years from the date of this permission.

(b) The expiration of two years from the date of the final approval of the reserved matters or, in the case of approval on different dates the final approval of the last such matters to be approved.

Reason:

To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

4. Plans and particulars of the reserved matters referred to in condition 1 above shall be submitted in writing to the Local Planning Authority and shall be carried out as approved.

Reason:

The application was made for outline planning permission and to comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

5. This consent shall relate to the plans registered on the 10th July 2014 other than where amended by plans reference P02 B received on 12th November 2014.

Reason:

To ensure a satisfactory form of development and for the avoidance of doubt as to the approved plans.

6. A scheme providing for the fencing of the trees to be retained and showing details of any excavations, site works, trenches, channels, pipes, services and areas of deposit of soil or waste or areas for storage shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development. No development shall be commenced on site until the approved protection scheme has been implemented and the scheme of tree protection shall be so retained on site for the duration of development works.

Reason:

In order to avoid damage to trees on or adjoining the site which are of amenity value to the area and to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

7. Notwithstanding the submitted details, further details of a scheme for foul and surface water drainage shall be submitted to and approved in writing by the Local Planning Authority, which shall ensure that foul water and surface water discharges shall be drained separately from the site, with no surface water or land drainage run-off allowed to connect (either directly or indirectly) into the public sewerage system. The approved scheme shall be fully implemented in accordance with the approved details prior to first beneficial occupation of any of the dwellings hereby approved.

Reason:

To protect the integrity, and prevent hydraulic overloading, of the Public Sewerage System, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

8. The visibility splays as shown on the approved plans shall be implemented before the first beneficial occupation of any of the dwellings hereby permitted, with no obstructions (including the front boundary wall), car parking or planting shall exceeding 0.75m within these visibility splays and maintained thereafter.

Reason:

In the interests of highway safety and to ensure compliance with Policies ENV27 and ENV8 of the Unitary Development Plan.

9. All means of enclosure associated with the development hereby approved shall be in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development, and the means of enclosure shall be implemented in accordance with the approved details prior to the development being put into beneficial use.

Reason:

To safeguard local visual amenities, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

10. Notwithstanding the submitted plans, prior to the commencement of development, further details (including sections across and through the site) of the finished floor levels of the dwellings, in relation to existing and proposed ground levels shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

Reason:

In the interests of visual amenity, in order to protect the amenities of neighbouring properties and to ensure the development accords with Policies ENV27 of the Unitary Development Plan.

11. The development shall be carried out in accordance with the recommendations of the submitted 'Preliminary Ecological Appraisal and Great Crested Newt Survey' (Acer Ecology, June 2014), detailed in section 7 of this report, and implemented to a timetable to be submitted to and agreed in writing by the Local Planning Authority.

Reason:

To safeguard protected species, in accordance with Policy ENV16 of the Unitary Development Plan.

12. No clearance of any vegetation in connection with the development hereby approved shall be undertaken in the bird nesting season, being March to August inclusive, unless otherwise agreed in writing by the Local Planning Authority.

Reason:

In the interests of local ecology and in accordance with policy ENV 16 of the Unitary Development Plan.

13. No development whatsoever shall be proposed as part of the reserved matters beyond the line marked in green on the attached plan and shall remain within the defined settlement boundary for Penllyn as identified in the Vale of Glamorgan adopted Unitary Development Plan.

Reason:

To ensure development is suitably located with regard to the village of Penllyn and in order to comply with Policies ENV27, HOUS2, and HOUS8 of the Unitary Development Plan.

1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason:

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. Within 25 years and six months following completion of construction of the development, or within six months of the cessation of electricity generation by the solar photovoltaic facility, or within six months following a permanent cessation of construction works prior to the solar photovoltaic facility coming into operational use, whichever is the sooner, the solar photovoltaic panels, frames, foundations, and all associated structures and fencing hereby approved shall have been dismantled and removed from the site. The developer shall notify the Local Planning Authority in writing no later than five working days following cessation of power production or permanent cessation of construction works. The site shall subsequently be restored in accordance with a scheme, the details of which shall be submitted to and approved in writing by the Local Planning Authority no later than three months following the cessation of power production or within 25 years of the completion of construction, whichever is the sooner.

Reason:

In the interests of visual amenity and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

3. Prior to the commencement of development details of measures for wheel washing, road sweeping and dust suppression shall be submitted to and approved in writing by the Local Planning Authority and the approved measures shall be fully implemented on site prior to the commencement of any works and shall thereafter be so retained for the duration of the construction phase of the development unless the Local Planning Authority gives prior written consent to any variation.

Reason:

To ensure highway safety and that the amenities of the area are not adversely affected and in order to ensure compliance with Policy ENV27 of the Unitary Development Plan.

4. No construction work or deliveries associated with the development hereby approved shall take place on the site on any Sunday or Bank Holiday or on any other day except between the following hours: Monday to Friday 0800 – 1800, Saturday 0800 – 1300 unless otherwise first agreed in writing by the Local Planning Authority.

Reason:

To safeguard the amenities of local residents, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

5. No external artificial lighting shall be installed during the operation of the site as a solar photovoltaic facility, unless otherwise first agreed in writing by the Local Planning Authority.

Reason:

In the interests of visual amenity and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

6. Notwithstanding the submitted plans and prior to their use in the development hereby approved, a scheme to detail all means of enclosure shall be submitted to and approved in writing by the Local Planning Authority.

Reason:

In the interests of visual amenity and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

7. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking and re-enacting that Order with or without modification), no fencing or means of enclosure other than those hereby approved, shall be erected within the site unless details of such means of enclosure have first been submitted to and approved in writing by the Local Planning Authority.

Reason:

In the interests of the character and appearance of the Special Landscape Area and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

8. The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground disturbing works in the development area so that an archaeological watching brief can be conducted. The archaeological watching brief shall be undertaken to the standards laid down by the Institute of Field Archaeologists. The Local Planning Authority shall be informed in writing at least two weeks prior to the commencement of development on site of the name and address of the said archaeologist and no work shall commence on site until the Local Planning Authority has confirmed in writing that the proposed archaeologist is suitable. A copy of the watching brief shall be submitted to the Local Planning Authority within two months of the fieldwork being completed by the archaeologist.

Reason:

To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource, and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

9. The development shall be implemented in accordance with the documents Ecological Survey: Whitton Mawr, Dyffryn October 2014 and Landscape and Ecological Management Plan Whitton Mawr October 2014 prepared by Michael Wood Associates (received 21st October 2014).

Reason:

In the interests of ecology and to ensure compliance with Policies ENV16 and ENV27 of the Unitary Development Plan.

10. No development shall take place until a scheme for ecological mitigation and enhancement has been submitted to and approved in writing by the Local Planning Authority in accordance with the Landscape and Ecological Management Plan received on 21st October 2014 . Development shall be carried out in full accordance with the approved scheme.

Reason:

In the interests of ecology and to ensure compliance with Policies ENV16 and ENV27 of the Unitary Development Plan.

11. Notwithstanding the submitted plans, a comprehensive landscaping scheme and management plan shall be submitted to and approved in writing by the Local Planning Authority which shall also include indications of all existing trees and hedgerows on the land, details of any to be retained, and details of all new hedges and trees, together with measures for their protection in the course of development. The new hedgerows and other approved landscaping shall be completed in full accordance with the approved landscaping scheme during the first planting and seeding seasons following the completion of the development, or the first beneficial use of the site whichever is sooner, with all new hedgerows and other planting provided as part of the approved landscaping scheme, together with the existing hedgerows and trees along the boundary, being managed and maintained for the duration of the life of the solar park in accordance with a management programme of works that shall have been submitted to and approved in writing by the Local Planning Authority prior to first beneficial use of the development.

Reason:

To safeguard local visual amenities and to ensure satisfactory maintenance of the landscaped area to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

12. The site shall be served solely by the existing access located along the unnamed road off the A4226.

Reason:

In the interest of Highway/Public Safety and Visual Amenity and to meet the requirements of Policies ENV1, ENV27 and ENV4 of the Unitary Development Plan.

13. No Development shall take place until there has been submitted to, and approved in writing by the Local Planning Authority a Construction Environmental Management Plan (CEMP). The CEMP shall include details of how noise, lighting, dust and other airborne pollutants, vibration, smoke, and odour from construction work will be controlled and mitigated. The CEMP will utilise the Considerate Constructors Scheme (www.considerateconstructorsscheme.org.uk). The CEMP will include a system for the management of complaints from local residents which will incorporate a reporting system. The construction of the Development shall be completed in accordance with the approved Plan unless otherwise agreed in writing with the Local Planning Authority.

Reason:

To ensure that the construction of the development is undertaken in a neighbourly manner and in the interests of the protection of amenity and the environment and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

14. This consent shall relate to the plans registered on the 14th July 2014 other than where amended by the following:

To ensure a satisfactory form of development and for the avoidance of doubt as to the approved plans.

15. No development shall take place until a Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority to manage all vehicle movements associated with the construction of the development, which shall include full details of parking and manoeuvring areas for construction traffic within the site compound, the proposed routes for heavy construction vehicles, timings of construction traffic and means of defining and controlling such traffic routes and timings. The development shall at all times thereafter be carried out in accordance with the approved details unless the Local Planning Authority gives prior written consent to any variation.

Reason:

In the interest of Highway/Public Safety and to meet the requirements of Policies TRAN10 of the Unitary Development Plan.

16. Within two months of the completion of construction of the development, the temporary construction compound and access (where such access route included a new route or hard surfacing) shall be removed from site and the land restored in accordance with a scheme, the details of which shall first be submitted to and approved in writing by the Local Planning Authority.

Reason:

In the interests of visual amenity and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

17. No development shall commence on site until a detailed scheme for the drainage of the site has been submitted to and approved in writing by the Local Planning Authority, the approved scheme shall be implemented at the time of the development and prior to beneficial use of the solar panels.

Reason:

To ensure that effective drainage facilities are provided for the proposed development and that flood risk is not increased elsewhere.

18. Details of the concrete shoe footings shall be submitted to and approved in writing to the Local Planning Authority and the development hereby approved shall be implemented in accordance with the Archaeological Evaluation (October 2014) and the Archaeological Mitigation Plan (October 2014) received 20th October 2014 and the approved shoe footing details.

Reason:

To mitigate the impact of the works on the archaeological resource, and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

19. Notwithstanding the submitted plans and prior to their use in the development hereby approved, a scheme to detail any temporary access tracks shall be submitted to and approved in writing by the Local Planning Authority.

Reason:

In the interests of visual amenity and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

20. Notwithstanding the submitted plans and prior to their use in the development hereby approved, details of the external finish and colour of the substation and inverters shall be submitted to and approved in writing by the Local Planning Authority.

Reason:

In the interests of visual amenity and to ensure compliance with Policies ENV27 and COMM8 of the Unitary Development Plan.

Retrospective application for the erection of small, lockable storage shed for agricultural and equine purposes

RESOLVED – T H A T the Head of Legal Services be authorised to serve an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 (as amended) to require:

(i) The removal of the shed and its base and to return the land to its state as it was prior to its construction.

In the event of non-compliance with the above Notice, the Head of Legal Services be authorised to take such legal proceedings as may be required.

REFUSED AND AUTHORISED ENFORCEMENT ACTION (Written representations)

1. The summer house building by virtue of its design and appearance is not considered necessary for the purposes of agriculture or equestrian storage and by virtue of its appearance and siting, is considered to be incongruous within the countryside setting, harmful to both the character and appearance of the area in general. The development is therefore considered to be contrary to Policies ENV1 - Development in the Countryside, ENV9 - Development Involving Horses, ENV10 - Conservation of the Countryside, ENV27- Design of New Developments and EMP8- Agricultural enterprise and Associated Development of the Vale of Glamorgan Adopted Unitary Development Plan 1996-2011 and national guidance in Planning Policy Wales, TAN6-Planning for Sustainable Rural Communities and TAN12-Design.

2014/01019/FUL Received on 1 September 2014

(P. 97)

Prezzo plc

RPS, Park House, Greyfriars Road, Cardiff, CF10 3AF

16, Windsor Road, Penarth

Change of use to Class A3 restaurant, new shopfront and fume extraction ducting together with plant

APPROVED subject to the following condition(s):

1. The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Reason:

To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. There shall be no use of external areas, including the rear yard, for customers of the restaurant hereby approved, outside of the hours of 09:00 and 21:30 hours on any day, unless otherwise approved in writing by the Local Planning Authority.

Reason:

In the interests of residential amenity, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

3. The use hereby permitted shall not be open to customers outside the following time:

08:30 - 23:30 hours Sunday to Thursday

08:30 - 00:30 hours Friday and Saturday

unless otherwise approved in writing by the Local Planning Authority.

Reason:

To safeguard the amenities of adjoining occupiers, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

4. Notwithstanding the submitted plans and information, full details of the fume extraction flue, external plant and machinery (and any access ladder), including a noise assessment and details of incorporated odour attenuation, shall be submitted to and approved by the Local Planning Authority and the flue, plant and machinery shall thereafter be installed and operated in full accordance with the agreed details prior to the first beneficial use of the building hereby approved.

Reason:

To safeguard the amenities of neighbouring occupiers, in accordance with Policies ENV27 and ENV29 of the Unitary Development Plan.

5. The bin store as shown on Drawing No: P01 [Existing and Proposed GA's - All Floors] received on 29 Aug 2014 shall be fully installed on site prior to the beneficial use of the development hereby approved and shall thereafter be so retained at all times to serve the development hereby approved.

Reason:

To safeguard the amenity of neighbouring residential properties in accordance with Policies ENV27 and ENV29 of the Unitary Development Plan.

6. The premises shall not be used for singing, dancing, the playing of any kind of music, or other forms of public entertainment other than the playing of background music.

Reason:

To safeguard the amenities of adjoining occupiers, and to ensure compliance with the terms of Policies ENV27 and ENV29 of the Unitary Development Plan.

7. The A3 use hereby approved shall relate to ground floor and first floor only and does not extend to second floor.

Reason:

To ensure a satisfactory form of development and for the avoidance of doubt as to the extent of the consent and to ensure compliance with Policies ENV27 and ENV29 of the Unitary Development Plan.

8. No staff members shall remain on the premises outside the following times:

Sun-Thurs 08:30 hrs - 12:30 hrs

Fr-Sat 08:30 hrs - 01:30 hrs

Reason:

To safeguard the amenity of adjoining occupiers, and to ensure compliance with the terms of Policies ENV27 and ENV29 of the Unitary Development Plan.

9. Notwithstanding the terms of the Town and Country Planning ( General Permitted Development) Order 1995 or any order amending ,revoking or re-enacting that order howsoever the premises shall be used only for the purpose of an A3 restaurant and shall not be used for any other purpose including takeaway or standalone bar or public house; and shall operate in accordance with the letter dated 22nd August 2014 from agents RPS and the terms of the Design and Access Statement, page 1 setting out how the restaurant will operate and when it will open.

Reason:

To control the precise nature of the use of the site to ensure that the use does not lead to dead frontage or use during the day, and to ensure compliance with the terms of Policies ENV29 and SHOP5 of the Unitary Development Plan.

10. Notwithstanding the submitted plans, the shopfront windows shall be fitted with clear glazing at the time of its construction, and thereafter the consent hereby granted shall not permit the use of obscured glazing, film or vinyl graphics sheet as a form of shop window treatment on any shop windows other than that shown on Drawing 285PO2 received 29th August, 2014, unless otherwise agreed in writing by the Local Planning Authority..

Reason:

In the interests of visual amenities does not lead to a dead frontage or use during the day, and to ensure compliance with Policies ENV27 and SHOP5 of the Unitary Development Plan.

11. This consent shall relate to the plans registered on 29 Aug 2014 other than where amended by plans reference 2014/01019/FUL/Amended received on 08 Oct 2014.

Reason:

To ensure a satisfactory form of development and for the avoidance of doubt as to the approved plans.

12. Deliveries to the premises shall take place only between the hours of 07:00 and 19:00 hours on Monday to Saturday and at no other time outside of these hours.

Reason:

To safeguard the amenities of adjoining occupiers and to ensure compliance with the terms of Policies ENV27 and TRAN10 of the Unitary Development Plan.

United World College of the Atlantic Ltd, St. Donats Castle St. Donats

Construction of a proposed new Sports Hall facility to complement existing sporting amenities at UWC Atlantic College. Sited adjacent to the existing tennis courts, the proposal involves the demolition of some existing maintenance / storage buildings. The new building shall have a multi-use sports hall, dedicated dance studio, gym, associated changing facilities and storage, student cafe area with kitchen and servery, small student office/reception, and outdoor terrace seating areas to take advantage of coastal views. The proposed building also incorporates No. 68 roof mounted photo voltaic panels.

APPROVED subject to the following condition(s):

1. This consent shall relate to the plans registered on 1st October 2014 other than where amended by plans reference AL(0)001 P4, AL(0)002 P4, AL(0)100 P4 and AL(0)223 P2 received on 28th October 2014 and plans reference AL(0)200 P9, AL(0)203 P9, AL(0)210 P2, AL(0)230 P4, AL(0)231 P4 and drawing View 1 P2 received on 5th November and plan reference AL(90)201 P4 received on 7th November 2014.

Reason:

To ensure a satisfactory form of development and for the avoidance of doubt as to the approved plans.

2. The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground disturbing works in the development area so that an archaeological watching brief can be conducted. The archaeological watching brief shall be undertaken to the standards laid down by the Institute of Field Archaeologists. The Local Planning Authority shall be informed in writing at least two weeks prior to the commencement of development on site of the name and address of the said archaeologist and no work shall commence on site until the Local Planning Authority has confirmed in writing that the proposed archaeologist is suitable. A copy of the watching brief shall be submitted to the Local Planning Authority within two months of the fieldwork being completed by the archaeologist.

Reason:

To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource, and to ensure compliance with Policies ENV18 and ENV19 of the Unitary Development Plan.

3. Full details of a scheme for drainage in relation to foul surface water and land drainage shall be submitted to and approved in writing by the Local Planning Authority and the approved scheme shall be fully implemented in accordance with the approved details.

Reason:

To ensure appropriate foul and surface water drainage from the site and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

4. Prior to the commencement of any works within the site, including site clearance, a scheme providing for the fencing and protection of all trees to be retained within the site as identified under drawing ref. AL(90)201.P3 (except for the works within the root protection zone within trees T13 and T14 identified with the Tree Impacts Assessment & Method Statement). The submitted scheme shall include details of any excavations, site works, trenches, channels, pipes, services and areas of deposit of soil or waste or areas for storage and shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development. No development shall be commenced on site until the approved protection scheme has been implemented and the scheme of tree protection shall be so retained on site for the duration of development works.

Reason:

In order to avoid damage to trees on or adjoining the site which are of amenity value to the area and to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

5. During any excavation/groundwork's within the root protection area of trees T13 and T14 identified under drawing ref. AL(90)201.P3, an arboriculturist shall monitor and supervise all works within the root protection area of the identified trees and shall notify the Councils Tree Officer immediately if any major structural roots are found within any excavation. The Councils Tree Officer will then inspect the site and confirm in writing whether the identified tree can be removed or whether remedial works are required to maintain the health of the tree.

Reason:

In order to ensure the two identified trees are protected and safeguard in the interests of visual amenity and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

6. Details of a scheme of hard and soft landscaping shall be submitted to the Local Planning Authority for their approval in writing and the scheme shall be implemented prior to the first beneficial use of the building hereby approved.

Reason:

To safeguard local visual amenities, and to ensure compliance with the terms of Policies ENV11 and ENV27 of the Unitary Development Plan.

7. Notwithstanding the submitted plans, a tree planting scheme shall be submitted to and approved in writing by the Local Planning Authority which shall including the provision of no less than 27 No. replacement trees, including their species, size at planting and a scheme for the long term maintenance of the trees.

Reason:

To safeguard local visual amenities, and to ensure compliance with the terms of Policy ENV27 of the Unitary Development Plan.

8. All planting, seeding or turfing comprised in the approved details of landscaping as agreed under Conditions 6 an 7 shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason:

To ensure satisfactory maintenance of the landscaped area to ensure compliance with Policies ENV11 and ENV27 of the Unitary Development Plan.

9. The scheme hereby approved shall be implemented in full accordance with all of the recommendations set out within the Extended Phase 1 Habitat Survey Report and the Bat Survey Report.

Reason:

To ensure the conservation of European Protected Species at the site and to ensure compliance with Policies ENV16 and ENV27 of the Unitary Development Plan.

10. Prior to the commencement of development, details of the finished levels of the building and the site in relation to existing ground levels, both within and adjacent to the site, shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in full accordance with the approved details.

Reason:

To ensure that the amenities of the area are safeguarded, and to ensure the development accords with Policy ENV27 of the Unitary Development Plan.

11. Prior to the commencement of development full details of any retaining walls and associated structures shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason:

To ensure that the visual amenities of the area are safeguarded and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

12. Prior to the commencement of the construction of any stonework, details, including a sample panel, of the proposed stonework and detail of the mortar type and pointing, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason:

To ensure that the visual amenities of the area are safeguarded and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

13. Prior to their use in the construction of the development hereby approved, a schedule of the proposed materials to be used, including samples, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason:

To ensure a satisfactory standard of development and to ensure compliance with Policy ENV27 of the Unitary Development Plan.

14. Prior to its construction, further details of the proposed roof, to a scale of 1:50 to include details and construction specifications of the sedum roof, rain screen cladding and PV panels, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details.

Reason:

To ensure a satisfactory standard of development and to ensure compliance with Policy ENV27 of the Unitary Development Plan.